Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.
His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.
Today’s subject is The Stanly County Will of David Brooks, 1842.1
Transcription:
David Brooks Will, 1842
“In the name of God, Amen: I, David Brooks, being of sound mind and memory, blesses be God, do this 28th day of July 1842, make and publish this my last will and testament in full, that is to say: 1st. I want all my just debts paid. I give and bequeath to my loving wife Polly all of my lands, and all of my stock of horses, and all of my stock of cattle, and all of my stock of hogs, one wagon and gear, and all of my farming tools, and all of my household and kitchen furniture as long as she keeps up my name, and if she marries then to come in for an equal part with all my children; and after paying my just debts, if my executor sees there is more property than will, answer my family, to sell the same and make an equal division of it with my wife and children. Lydia the daughter of my wife, not being an heir in law, I give and bequeath to her an equal part with my wife and children in the above devised property, and I hereby make and ordain my worthy friend Andrew Huneycutt my executor to this my last will and testament. “David X his mark Brooks,
“In the presence of us,
“A. Ledbetter,
“John F. Tucker.”
North Carolina}
Stanly County} August Sessions, 1842.
Then the foregoing last will and testament of David Brooks was brought into open Court and proven by the oath of A. Ledbetter and John F.Tucker, the subscribing witnesses thereto. The said will and testament was admitted to probate and ordered to be recorded.
D. Hearne, Clerk.
Children of David Brooks and his wife Mary ‘Polly’ Tucker married into the Huneycutt family.
- Lydia, daughter of Mary ‘Polly’ Tucker married William Riley Huneycutt
- Jensey, daughter of David & Polly married Drewry Wesley Huneycutt
- Their son, Thomas Joshua Brooks married Mary Perline ‘Polly’ Huneycutt. When Thomas Joshua died of disease during the Civil war; their son
- William Raymond Brooks married widower Mary Perline ‘Polly’ Huneycutt Brooks
I was very disappointed that David did not name all his children when his Will was written. This disappointment was forgotten with further research. This short WILL spawned a big lawsuit that went to the NC Supreme Court and turned out to be a “genealogical goldmine”.
David, in his will made two statements related to this case- 1) “I give and bequeath to my loving wife Polly all of my lands,…” 2) “Lydia the daughter of my wife, not being an heir in law, I give and bequeath to her an equal part with my wife and children in the above devised property,…”
So, until the day she died, Polly Tucker Huneycutt owned the David Brooks lands. The lawsuit says Mary ‘Polly’ Brooks died in 1882/83; actions resulting in the lawsuit were initiated in 1887/1888.
William Riley Huneycutt and his wife, Lydia et al versus W. R. Brooks et al at issue was the ownership of 300 acres of land. From the lawsuit filed:
The plaintiffs filed a petition alleging they they and the defendants were seized in fee simple as tenants in common of 300 acres of land … know as the David Brooks lands…
The defendants, in answer, deny the allegations of plaintiffs…”
The Court case can be accessed here:
CASE 17997
W. R. Huneycutt et al vs W/ R. Brooks et al
116 N.C. 788 (1895)
"North Carolina, State Supreme Court Case Files, 1800-1909," database with images, FamilySearch (
https://familysearch.org/pal:/MM9.3.1/TH-1951-21765-3318-4… : 7 January 2016), 1895 > Box 851 cases 17984-17998 > image 778 of 855; citing Division of Archives and History, North Carolina State Archives, Raleigh.
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[1] "North Carolina Probate Records, 1735-1970," images, FamilySearch (
https://familysearch.org/pal:/MM9.3.1/TH-1941-20079-20564-16?cc=1867501 : 21 May 2014), Stanly > Wills, 1841-1868, Vol. 1 > image 8 of 170; county courthouses, North Carolina. {Will Book 1, page 12]
